HomeMy WebLinkAbout2021-10-28; Police De-Escalation Policy (District - All); Williams, MickeyTo the members of the:
COUNCIL
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Council Memorandum
Oct. 28, 2021
To:
From:
Via:
Re:
Honorable Mayor Hall
Mickey Williams, Chief
Scott Chadwick, City n
Police De-Escalation Policy (District -All)
{city of
Carlsbad
Memo ID #2021202
This memorandum provides information related to the Police Department's de-escalation policy.
This week, the Police Department implemented a new policy that provides guidelines on de-
escalation techniques, crisis intervention tactics, and other alternatives to force when feasible.
Policy# 303: De-Escalation was effective as of October 23, 2021, under the Police Department's
Policy Manual Special Order 2021-08.
The policy was created by a group of experts within the Police Department, following a
countywide effort in the creation of a de-escalation philosophy, and in collaboration with the
Carlsbad Equity Coalition, North County Equity and Justice Coalition and North San Diego NAACP.
The concept of de-escalation encompasses multiple law enforcement disciplines and practices.
Incident management, strategic/crisis communications, equipment, mindset, and continuous
assessment are just some of the skills and capabilities expected of modern law enforcement. The
policy is a roadmap that provides officers the best possible opportunity for success and the safe
resolution of incidents. The policy also contains a clear understanding that incidents are dynamic
and challenging, and oftentimes, decisions must be made with limited time and information. It
recognizes that the proper, reasonable application of force can sometimes be de-escalating and
protects an officer's ability to take decisive action when appropriate. The policy also includes the
duty of police officers to intervene if they observe another department member acting in a
manner that is inconsistent with the de-escalation policy.
It is our belief that the intentional application of this policy will serve to make our community
safer, and protect the physical and professional wellbeing of our personnel. Every officer's ability
to respond to critical incidents and life-threatening scenarios in a capable, professional manner is
of the highest importance in this profession.
Next Steps
Carlsbad Equity Coalition and other groups involved have requested a mutual press release to
celebrate the collaborative effort which will be published on Thursday, October 28, 2021. A copy
of the press release was sent to City Council on Tuesday, October 26, 2021.
Police Department
Administration
2560 Orion Way I Carlsbad, CA 92010 I 760-931-210
Council Memo -Police De-escalation Policy
Oct. 28, 2021
Page 2
Attachment: A. Carlsbad Police Department Policy Manual Special Order 2021-08, New Policy
303: De-Escalation
cc: Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Cindy Anderson, Senior Management Analyst
Carlsbad Police Department
Policy Manual Special Order 2021-08
Pursuant to Carlsbad Police Department Policy 204, this Special Order becomes
effective October 23. 2021.
New Policy 303: De -escalation
De-escalation
303.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of this department with guidelines on de-
escalation techniques, crisis intervention tactics, and other alternatives to force when feasible.
The overall goal of this policy is to promote thoughtful resolutions to situations and reduce the
likelihood of harm to all persons (Government Code § 7286).
303.2 DEPARTMENTAL EXPECTATIONS AND DEPLOYMENT PRIORITIZATION
Law enforcement is.guided by the overarching principle of the sanctity and reverence for human
life. This·philosophy is·supported by policy, law, and the department's organizational culture. To
uphold this standard, law enforcement officials must exhibit professionalism, civility, equality,
and transparency in all interactions with members of our diverse community. Accordingly, the
Carlsbad Police Department is committed to providing members with the training, equipment,
and resources.necessary to encourage peaceful resolutions with the expectation that members
adopt this philosophy in.such a way that its values can be observed in action.
The department recognizes that some situations require an immediate response, while other
situations may allow members the opportunity to communicate with the individual, refine tactical
plans and, if necessary, call on additional resources. When a reasonable opportunity exists,
members shall consider the concepts of pre-engagement, de-escalation, and disengagement
consistent with the definitions provided in this document.
303.3 DUTY TO INTERCEDE
It is expected that all department members should employ the best practices contained in this
policy as reasonably appropriate under the circumstances. Any officer present and observing
another department member acting in a manner that is clearly inconsistent with this policy, as
determined by an objectively reasonable officer under the circumstances, shall, when in a
position to do so, intercede to further compliance with de-escalation best practices.
303.4 DEFINITIONS
Feasible: Reasonably capable of being done or carried out under the circumstances to
successfully achieve the arrest or lawful objective without increasing risk to the officer or
another person (Government Code § 7286(a)).
Pre-Engagement: Pre-Engagement considerations involve the process of gathering and
assessing information prior to deploying the available personnel, tactics, equipment, and other
appropriate and obtainable resources. Discretionary time, reactionary distance, communication,
and barriers are key objectives to enhance the probability of a peaceful outcome. Self-regulation
is a key component of the decision-making process.
De-escalation: De-escalation is the use of strategies and/or techniques to gain voluntary
compliance from an individual to gain or maintain control of an incident while reducing the need
for physical coercion. These strategies and/or techniques are used to increase time and
distance from the individual while attempting to establish effective communication.
Criminal Suspects: Criminal suspects are identified as individuals who, based on their actions,
statements, or other conduct appear to be voluntarily engaged in criminal behavior. While crisis
individuals often require time and distance for successful resolution, criminal suspects may use
that time to escape or further resist law enforcement efforts.
Person in Crisis: A person whose level of distress or mental health symptoms have exceeded
the person's ability to manage his/her behavior or emotions. A crisis can be precipitated by any
number of things, including an increase in the symptoms of mental illness despite treatment
compliance; non-compliance with treatment, including a failure to take prescribed medications
appropriately; or any other circumstance or event that causes the person to engage in erratic,
disruptive or dangerous behavior that may be accompanied by impaired judgment.
Engagement: Engagement occurs when contact is initiated with the individuals involved in an
incident. Engagement may represent the first moment the involved parties are aware of police
involvement.
Disengagement: Disengagement is a method designed to avoid potentially violent outcomes.
Disengagement may be a viable option for individuals in crisis who pose no additional threats to
others or resistant offenders who may later be apprehended under safer conditions.
De-escalation is reviewed and evaluated under the totality of the circumstances as reasonably
known, understood, or reasonably available to be known at the time of the incident. De-
escalation is not static; it is fluid and can be started, paused, restarted, or stopped at any time.
The most effective law enforcement professionals possess the mental dexterity to lawfully
modify or adjust their approaches to situations under circumstances that are tense, uncertain,
and/or rapidly evolving. This policy recognizes that there are occasions where the use of force
serves a de-escalating purpose and can result in safer outcomes than using no force at all. This
policy recognizes that sometimes the use of force is necessary to safely resolve an incident.
303.5 PRE-ENGAGEMENT (INCIDENT PREP/PLANNING)
Pre-Engagement: Pre-Engagement considerations involve the process of gathering and
assessing information prior to deploying the available personnel, tactics, equipment, and other
appropriate and obtainable resources. Discretionary time, reactionary distance, communication,
and barriers are key objectives to enhance the probability of a peaceful outcome. Self-regulation
is a key component to the decision-making process.
300.5.1 COMMUNICATIONS CENTER STAFF'S RESPONSIBILITIES
The responsibility of the Communications Center is for the call taker to obtain critical information
regarding incidents and for the radio dispatcher to relay the information to officers as early as
possible, which will allow the officers to plan their response. Call takers should make every
effort to ascertain if the actions or behaviors of a person involved in an incident indicate that the
person may be in crisis, and not only criminal in nature. Indicators of a crisis may include, but
are not limited to:
• The presence or a history of mental illness, psychiatric treatment, or psychiatric
medications.
• The presence or a history of suicidal ideations or attempts, or of self-harm.
• The presence or a history of substance abuse (drugs, alcohol, etc.).
• The presence or a history of aggressive behavior or violent rage.
• A history in CAD of prior police responses for the individual or the location address.
When any of these or other indicators of a crisis are present, the call taker should thoroughly
document the pertinent details into the CAD notes, using clear and concise language, and the
radio dispatcher should communicate that information to the officers as soon as reasonably
possible. Crisis events might be caused by (or result in) a medical emergency, which could
potentially be life-threatening, so the involvement of paramedics as part of the response should
be considered. The radio dispatcher should also assign additional resources if the
situation dictates, including adding more officers and requesting a supervisor as reasonably
available.
303.5.2 OFFICER RESPONSE
The concept of de-escalation often begins before officers arrive at a call for service or initiate
proactive enforcement. De-escalation may begin at the first moment an officer knows they will
be engaging and interacting with the subjects of an investigation. De-escalating a situation often
includes mitigating the ability of a situation to escalate by taking the appropriate precautions and
preemptive measures prior to initial contact. When feasible, preemptive measures and ·
precautions should include:
• Conducting an initial assessment of the incident and attempt to identify the nature of
the situation.
• Determine if the nature of the incident requires an immediate response or permits
staging or waiting for the appropriate resources and personnel before proceeding to
engage a situation or individual.
• Request the appropriate equipment and resources such as less-lethal weapon
systems, air support, drone operators, medical assistance, PERT, etc.
• Developing a plan of action (pre-briefing) which should include objectives,
contingencies for possible outcomes and officer actions.
• Establishing officer roles such as primary officer, contact, cover, less-lethal,
handcuffing, etc. Officers should request a supervisor as needed or appropriate for
the incident.
Age, physical or cognitive disabilities as well as language barriers and cultural norms should be
taken into consideration when handling incidents. Some individuals may have limitations in their
ability or willingness to comply, understand directions or recognize the consequences of their
actions. (Policy 370).
303.5.3 CRISIS/ CRIMINAL SUSPECTS
Criminal Suspects-Criminal suspects are identified as individuals who, based on their actions,
statements, or other conduct appear to be voluntarily engaged in criminal behavior. While crisis
individuals often require time and distance for successful resolution, criminal suspects may use
that time to escape or further resist law enforcement efforts.
Person in Crisis
A person in crisis is one whose level of distress or mental health symptoms have exceeded the
person's ability to manage his/her behavior or emotions. A crisis can be precipitated by any
number of things, including an increase in the symptoms of mental illness despite treatment
compliance; non-compliance with treatment, including a failure to take prescribed medications
appropriately; or any other circ,umstance or event that causes the person to engage in erratic,
disruptive or dangerous behavior that may be accompanied by impaired judgment.
Members should be alert to any of the following possible signs of mental health issues or crisis.
Members should be aware that this list is not exhaustive. The presence or absence of any of
these indicators should not be treated as proof of a mental health issue or crisis.
• A known history of mental illness
• . Threats of or attempted suicide
• Loss of memory
• Incoherence, disorientation, or slow response
• Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas
• Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or
guilt
• Social withdrawal
• Manic or impulsive behavior, extreme agitation, lack of control
• Lack of fear
• Anxiety, aggression, rigidity, inflexibility, or paranoia
• Presence of drug or alcohol impairment
It should be recognized that individuals in crisis can commit criminal offenses. Officers should
balance the individual's behavior and actions with their capability and willingness to comply with
directions, and the danger posed by the subject to others.
When danger to others is reasonably mitigated, Officers should evaluate that taking no action or
passively monitoring the situation may be the most reasonable response to a mental health
crisis.
303.6 ENGAGEMENT
Engagement occurs when contact is initiated with the individuals involved in an incident.
Engagement may represent the first moment the involved parties are aware of police
involvement. When choosing to engage with a subject, officers should act within the following
considerations:
Mindset: Engagement should occur with a mindset of striving to minimize risk and increase
safety for all persons.
Adaptability: It is important to recognize that situations requiring de-escalation are dynamic and
may change without notice based on the actions of the person or the circumstances of the
situation.
Incident Management and Continuous Assessment: Effective engagement requires an
ongoing assessment of cause-and-effect factors from multiple perspectives. Attempt to identify
the cause(s) which have resulted in the effect, or the situation requiring de-escalation.
Implement strategies designed to manage behaviors, conditions, and circumstances
contributing to the need for de-escalation. Strategies should attempt to mitigate escalating
factors to achieve a more desirable effect and resolve the situation. Some examples of
continuous assessment may include:
• Ensuring that those subjected to the use of force are provided with timely access to
medical care.
• Evaluating the necessity of the position and level of restraint applied to the subject.
303.6.1 COMMUNICATIONS
Communication is a primary method used to accomplish de-escalation. Communication should
be used to gain voluntary compliance when safe, feasible, and without unreasonably
compromising law enforcement priorities. In many cases, effective communication will be the
method in which successful de-escalation is accomplished. Communication can be both verbal
and non-verbal. Mirroring or matching your non-verbal communication with your verbal
communication can help reduce confusion by the subject.
Some effective methods that may be utilized to accomplish successful communication:
• Attempt to explain your intentions and provide clear expectations.
• Engage in active listening techniques.
• Attempt to build rapport.
• Recognize that many disabilities, mental illness and/or drug/alcohol use may inhibit
an individual's ability to communicate or follow directions.
• Avoiding profanity when interacting with individuals.
303.7 DISENGAGEMENT
Disengagement is a method designed to avoid potentially violent outcomes. Disengagement
may be a viable option for individuals in crisis where the danger of further police interactions
outweighs the risk posed to others. Disengagement may also be a viable option for criminal
offenders where the risk posed to others outweighs the benefit of immediate apprehension.
Any time peace officers intend to disengage from an incident, they should attempt to advise
involved individuals of the withdrawal from the incident. Peace officers should attempt to ensure
those involved have had the opportunity to establish a position of relative safety with respect to
the incident, and they are aware that officers will no longer be present to protect the safety of
the involved persons.
Officers should consider special relationship concerns with respect to the handling of an
incident, and subsequent decisions to disengage. Reasonable efforts should be made to notify
the involved parties and affected community members of our disengagement as
appropriate. Officers should also look for opportunities to communicate with bystanders, or the
general public regarding police actions and resolutions as appropriate.
303.8 SUPERVISOR RESPONSIBILITIES .
If available, a supervisor or designee should respond to all critical incidents and occurrences
that have a reasonable likelihood of resulting in the use of force or the implementation of tactical
or incident command. Such incidents include, but are not limited to, persons in crisis who are
engaged in violent behavior, high-risk vehicle stops and the conclusion of pursuits, events
involving persons with weapons, or those in crisis that represent a threat to the public or
officers, barricaded individuals, or any other event that would benefit from additional training,
experience, or formal incident command structure. When time allows, a supervisor shall ensure
the following objectives:
• Notification: Upon notification of a critical incident in progress, a supervisor will
acknowledge the incident on the radio and maintain awareness of officer activities.
Supervisors will ensure that officers are engaging in appropriate pre-engagement
considerations.
• Incident Management: Supervisors will ensure that each critical incident has an
identified Incident Commander. The supervisor does not necessarily need to fill the
role of Incident Commander if the responsibility is adequately being filled, however,
the supervisor will air their presence and responsibility for the incident.
• Incident Classification: As soon as reasonably possible Incident Commanders are
responsible for classifying the nature of the incident to allow for a coordinated
mindset by all involved personnel. This incident designation may change multiple
times during the incident based on the availability of new information.
• Role Designation: Supervisors will ensure that individual roles and responsibilities
that promote de-escalation and successful outcomes are identified. Supervisors
should consider the number of officers and resources at an event and how they may
positively or negatively influence the incident. Role designation enables officers to
focus on specific tasks and responsibilities, encourages the coordination of the
incident and individual actions and ensures that appropriate resources are available
for deployment as needed. Role designations may include:
o Less lethal
o K9
o Contact officer
o Designated Handcuffing and Cover Officers
Authorization and coordination of pre-planned actions: As Incident Commander, the
supervisor has operational control over pre-planned actions taken during the event. Supervisors
should take advantage of discretionary time by pre-planning with officers and establishing
contingency plans in response to anticipated suspect actions. The supervisor must also ensure
that pre-planned events are communicated to others assigned to the incident to ensure
deconfliction and to guard against potentially compromising activity. (Blue on Blue events).
Allied Agency Involvement: Mutual aid requests and allied agency activity simultaneously
allows for additional available resources and personnel, but can complicate incidents as varying
policies, organizational cultures and mindsets are introduced to the incident. Supervisors should
ensure that expectations and deployment parameters are communicated to allied agency
representatives. Time permitting, supervisors should solicit from allied units, such as responding
allied agency K9 units, unique restrictions or policy considerations that may impact the
incident.
Disengagement: Supervisors shall consider strategic disengagement absent an imminent
threat to the public. This may include removing or reducing law enforcement resources or
engaging in passive monitoring.
Communication: Supervisors are responsible for communicating the circumstances
surrounding incidents to agency leadership and other impacted units/squads. Supervisors
should also look for opportunities to communicate with bystanders, or the general public
regarding police actions and resolutions as appropriate.
Debriefing: Thorough incident debriefs can benefit those officers involved in the incident, as
well as provide organizational experience to those personnel who did not respond to the
event. Supervisors should conduct an informal debrief as close in time as reasonable to the
conclusion of the incident to identify learning opportunities and areas of needed development.
These debriefs also encourage employee wellness as they enable officers to decompress and
communicate their experiences.
Incidents with significant areas of development or that present beneficial unit improvement
should be reviewed during daily briefings. Supervisors should ensure that these meetings both
identify challenges represented in the incident and focus on individual and unit learning and
development.
303.8.1 WATCH COMMANDER RESPONSIBILITES
Watch Commanders carry the responsibility for the overall conduct of police personnel during
their assigned shifts. Watch Commanders must confirm that individual incidents are handled
appropriately while ensuring operational effectiveness is maintained city-wide.
Watch Commanders shall ensure compliance with Supervisor responsibilities noted in this
policy.
Watch Commanders are responsible for the incidents, personnel, and actions taken under their
command, and shall take a proactive leadership role as appropriate.
Watch Commanders must balance the specific need of individual incidents with overall
operations and city-wide responsibilities . Watch Commanders shall:
• Ensure proper and necessary information is communicated to department and city
leadership.
• Coordinate pertinent communications with the Department's Public Information Officer.
• Ensure debriefing is conducted to encapsulate all elements of the incident.
• Shall ensure an After-Action Report is completed as appropriate.
• When the decision is made to disengage, Watch Commanders shall be responsible for
ensuring that the related investigation is pursued to its appropriate conclusion or until
responsibility is adopted by another division.
303.9 TRAINING
Effective, consistent, and intentional training must be maintained to ensure officers are prepared
to comply with this policy. Department training should work toward incorporating multiple
disciplines of training to a cohesive field application.
All ongoing department training should be consistent with the principles outlined in this policy
emphasizing the importance and practices of de-escalation and crisis management when
reasonably possible and appropriate.
Date